Congestion Management Process Guidebook

Appendix A - Legislative Language

SAFETEA-LU modified Title 23, Section 134 of the U.S. Code to include the following (corresponding changes were made to Title 49, the Public Transportation portion of the Code, under Section 5303):

‘’(k) TRANSPORTATION MANAGEMENT AREAS (TMA).

‘’(1) IDENTIFICATION AND DESIGNATION.

‘’(A) REQUIRED IDENTIFICATION. - The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.

‘’(B) DESIGNATIONS ON REQUEST. - The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.

‘’(2) TRANSPORTATION PLANS. - In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators.

‘’(3) CONGESTION MANAGEMENT PROCESS. -

Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than one year after the identification of a transportation management area…

‘’(m) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.

‘’(1) IN GENERAL. - Notwithstanding any other provisions of this chapter or Chapter 53 of Title 49, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.

‘’(2) APPLICABILITY. - This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).

In addition, under the Statewide Planning Requirements, SAFETEA-LU added the following language to Title 23, Section 135 (and Title 49, Section 5304):

‘’(i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGEMENT PROCESSES. - For purposes of this section and Section 134, and Sections 5303 and 5304 of Title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and Section 134, and Sections 5303 and 5304 of Title 49, if the Secretary finds that the state laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section, Section 134, and Sections 5303 and 5304 of Title 49, as appropriate."